Sentencing guideline on corporate manslaughter and health and safety offences causing death is published

The Sentencing Guidelines Council (SGC) has published its final guideline on sentencing in corporate manslaughter and health and safety offences which cause death. The guideline will apply to any sentences imposed after 15 February 2010.

The guideline sets out a range of fines appropriate for convictions in these cases. It states that fines in corporate manslaughter cases should be seldom less than £500,000 and may be measured in millions of pounds, and fines for breaches of health and safety offences that cause death will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds.

In determining the level of fine within the guideline the Court is directed to assess the seriousness of the offence and the presence of any aggravating and mitigating factors.

In determining the seriousness of the offence the Court should look at:

• How foreseeable was serious injury?
• How far short of the applicable standard did the defendant fall?
• How common is this kind of breach in the organisation?
• How far up the organisation does the breach go?

Relevant aggravating factors which the prosecution can raise will include where there is more than one death, or very grave personal injury in addition to death, failure to heed warnings or advice, failure to respond appropriately to near misses arising in similar circumstances and where there is evidence of cost cutting at the expense of safety.

To limit the level of the fine the defence can raise mitigating factors which may include a prompt acceptance of responsibility, genuine efforts to remedy the defect, a good health and safety record and a responsible attitude to health and safety.

The guideline specifically excludes fines being based on the level of profit or turnover of a company however; it does say that this is a relevant consideration when looking at the ability of a company to pay a fine. Other considerations include the effect of the fine on the employment of the innocent, the effect upon the provision or services to the public, whether the fine will put the company out of business, and most relevant for smaller firms will be the ability to pay the fine over a period of time.

The guideline also makes provision for the imposition by the Court of publicity orders in cases of corporate manslaughter and remedial orders which are available for both corporate manslaughter and Health and Safety at Work Act offences.

To view the guideline please see the SGC’s website at http://www.sentencing-guidelines.gov.uk/